B2 Tourist Visa denied!

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Old Jul 17th 2010, 9:44 am
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Default B2 Tourist Visa denied!

I'm really surprised that my wife (Indian) was denied a B2 visa to the US. We presented all the evidence but the visa officer just asked a three questions and handed out a paper rather callously denying a visa.

When she asked why - the visa officer told her to read the handout and move aside. The handout says she did not demonstate strong enough ties to the UK and the decision cannot be appealed but she can reapply. What??
  • She's travelling with me (British) to the US.
  • She has has been in the UK for 4 years and now holds an ILR.
  • She is married to a British citizen (me)
  • She has stayed at the same address for 4 years
  • She has been working for a reputed company for 4 years
  • She has a healthy bank balance
  • She supplied all the return tickets and hotel stay for a week long trip

What more do they need to demonstrate that she's permanently based here? She's married to a british citizen for crying out loud!!

She submitted supporting documents like bank statements, letter from employer, payslips, mortgage statement which is in my name, bank and credit card statements, return flight and hotel bookings.

I can't understand what more she could've done to obtain a tourist visa. Do they really want tourists to visit their country to boost their economy?


Where can I complain about this? This is pure discrimination considering the fact that I as a British citizen can visit under VWP but she can't because she's Indian even though she's my wife!!.

Texto
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Old Jul 17th 2010, 9:54 am
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Default Re: B2 Tourist Visa denied!

On the basis of what you have written it does indeed seem that your wife should not have been denied her B visa. However:

1. It's a very, very bad idea to make travel arrangements before you have your visa in hand. In fact, I believe even the embassy's website tells you that.

2. There's nothing you can do about it now, and no one you can complain to. You can only apply again, submitting more evidence of ties to the UK.

Originally Posted by texto
Do they really want tourists to visit their country to boost their economy?
The people who deny visas are not the same ones who benefit from tourists visiting the US.
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Old Jul 17th 2010, 10:33 am
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Default Re: B2 Tourist Visa denied!

Marocco, I expected her case to be strong and was way confident that she would get a visa. In fact anyone would.

I had to book the tickets as our primary purpose of visit was to go to the US Open tennis championship which get booked quite early. I thought it would make her case stronger if she provided a return ticket and hotel acco. There is a section on DS 160 where you have to supply US contact - we provided the hotel name as we don't know anyone there.

Could you suggest any additional documentation to demonstrate that she has stronger ties to the US? What could be stronger than being married to a Britich citizen?
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Old Jul 17th 2010, 10:39 am
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Default Re: B2 Tourist Visa denied!

Do you think I should've provided a covering letter or something for her? Also it's not like she's travelling outside UK and India for the first time - she's been to European countries at least 5-6 times on short 4-5 day trips. So it should've been straightforward...
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Old Jul 17th 2010, 11:09 am
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Default Re: B2 Tourist Visa denied!

Originally Posted by texto
Marocco, I expected her case to be strong and was way confident that she would get a visa. In fact anyone would.
There's always a chance that a visa may denied or delayed for whatever reason. Many people get stuck in background checks for months, or years. The embassy website states:

"Reminder: We always recommend that individuals apply for visas well in advance of their proposed date of travel. No assurances regarding the issuance of visas can be given in advance. Therefore, final travel plans or the purchase of non refundable ticket should not be made until a visa has been issued and you are in receipt of the passport."

Originally Posted by texto
There is a section on DS 160 where you have to supply US contact - we provided the hotel name as we don't know anyone there.
It only asks for the address where you'll be staying. You can put the address of the hotel where you intend to stay, in case you get the visa.

Originally Posted by texto
Could you suggest any additional documentation to demonstrate that she has stronger ties to the US? What could be stronger than being married to a Britich citizen?
How about mortgage or rental agreement? Also, in case you have been living in rented accommodation for more than a year, a letter from your landlord stating how long you have lived there? What kind of documentation did your wife bring to show that she has been working for four years? Bring as much as you can: letter from employer, payslips, P60 forms, etc.
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Old Jul 17th 2010, 11:29 am
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Default Re: B2 Tourist Visa denied!

House and mortgage is in my name - but she did provide that. She submitted the following docs:

Letter from Employer
Mortgage Statement (in my name)
3 Pay slips
Savings and current account statement (20k+)
Joint Utility bills - council tax, water, elec etc.
Airline tickets
Hotel Bookings
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Old Jul 17th 2010, 11:41 am
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Default Re: B2 Tourist Visa denied!

Did the officer look at any of those? What questions were you asked?
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Old Jul 17th 2010, 11:53 am
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Default Re: B2 Tourist Visa denied!

That's the problem, Marocco. I don't think the officer did.

She was asked:

Q: How long have you been here?
A: 4 years

Q. Why do you want to go?
A: To visit New york as a tourist

Q: What do you do here?
A: Working for a company called ....

Q: Have you got any relatives in the US?
A: In the US?

Q: Silence ..
A: No .. None in US.

Q: Again .. How long have you been here?
A: 4 years

That's it - visa denied.


Agreed she could have answered Q2 as "been married to a British citizen and live here permanently. Also have been working for a company called .. in .. "

Other than that I don't think she could've done anything more with the answers. Do you? I think she just bumped into one of those grumpy visa officers who are simply bored on Fridays!
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Old Jul 17th 2010, 1:58 pm
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Default Re: B2 Tourist Visa denied!

Originally Posted by texto
The handout says she did not demonstate strong enough ties to the UK and the decision cannot be appealed but she can reapply.
She can certainly reapply... but she will need to disclose that she has previously been denied a B-2 visa.


She submitted supporting documents like bank statements, letter from employer, payslips, mortgage statement which is in my name, bank and credit card statements, return flight and hotel bookings.
I admit it's a bit mind boggling... but, with luck, you'll get someone else interviewing her the next time around.


Do they really want tourists to visit their country to boost their economy?
With respect, this is a non sequitur.


Where can I complain about this?
You can't. The US Department of State reserves the right to issue visas at its own sole discretion. Indeed, they don't really need a reason to deny a visa.


This is pure discrimination considering the fact that I as a British citizen can visit under VWP but she can't because she's Indian even though she's my wife!!.
With respect, there is no discrimination involved here... except in your own mind. I understand your frustration, but perhaps you should focus on something other than where to place blame.

You might want to research the history of the VWP, if for no other reason than to understand that those countries that are not participants of the VWP are countries that, historically, have had a high level of visa abuse. Now... this may not be your wife but, for better or worse, India does not participate in the VWP.

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Old Jul 17th 2010, 2:10 pm
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Default Re: B2 Tourist Visa denied!

Originally Posted by ian-mstm

You might want to research the history of the VWP, if for no other reason than to understand that those countries that are not participants of the VWP are countries that, historically, have had a high level of visa abuse. Now... this may not be your wife but, for better or worse, India does not participate in the VWP.

Ian
I agree that India does not participate in VWP, Ian. But the fact is that she's married to a british citizen and legally resident - so this is a strong enough demonstration of ties.

I admit I'm a bit frustrated to see that despite presenting all the evidence the Visa Officer arrived at a conclusion without even looking at it. And she was not even given a chance to explain her case and just asked to move aside.


Anyway what can she do if she has to reapply? I can probably show them her stocks and shares ISA and mention the fact that she's also my company's secretary for administrative duties. Any tips on how to show stronger ties?
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Old Jul 17th 2010, 2:14 pm
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Default Re: B2 Tourist Visa denied!

Did your wife actually show the documents to the officer?
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Old Jul 17th 2010, 2:16 pm
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Default Re: B2 Tourist Visa denied!

For God sake ..you were only going for a weeks vacation .. go somewhere else ...
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Old Jul 17th 2010, 2:22 pm
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Default Re: B2 Tourist Visa denied!

Originally Posted by texto
I agree that India does not participate in VWP, Ian. But the fact is that she's married to a british citizen and legally resident - so this is a strong enough demonstration of ties.

I admit I'm a bit frustrated to see that despite presenting all the evidence the Visa Officer arrived at a conclusion without even looking at it. And she was not even given a chance to explain her case and just asked to move aside.


Anyway what can she do if she has to reapply? I can probably show them her stocks and shares ISA and mention the fact that she's also my company's secretary for administrative duties. Any tips on how to show stronger ties?
Is she planning to naturalize as a UK citizen?
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Old Jul 17th 2010, 2:22 pm
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Default Re: B2 Tourist Visa denied!

Originally Posted by texto
But the fact is that she's married to a british citizen and legally resident - so this is a strong enough demonstration of ties.
I don't think anyone here doubts that she has strong ties as you've described them... but, sadly, the officer didn't - and he's the one that needs to be convinced.


Anyway what can she do if she has to reapply?
Can you add her name to your mortgage? That would help to show her ongoing financial commitment to your home. A letter from her employer, on company letterhead, would help - if it clearly states that she's worked there for xx years, is a valued employee, and is expected to return to work on xx date.

Realize, that none of this is a guarantee to a successful outcome, but I think if the next officer is a bit more open-minded, perhaps things will work out better. Best of luck to you both.

Ian
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Old Jul 17th 2010, 2:30 pm
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Default Re: B2 Tourist Visa denied!

Originally Posted by Marocco
Did your wife actually show the documents to the officer?
You hand over the documents at the previous counter. So when your number is called, the interviewer already has the documents. I don't know what documents were checked by the interviewer in advance.
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